Article Tools

A state prosecutor wants a judge to allow two additional women to testify against former Lackawanna County Prison guard Mark A. Johnson at his trial on charges he sexually abused two former inmates.

Deputy Attorney General Rebecca Elo also wants permission to allow the preliminary hearing testimony of one of the victims, the late Tammy Fox, to be introduced at Johnson’s trial.

Johnson, 54, of 2213 Golden Ave., Scranton, is charged with two counts each of involuntary deviate sexual intercourse and institutional assault and one count each of harassment and indecent assault. His trial is scheduled to begin Jan. 7.

At Johnson’s preliminary hearing in March, Fox testified he made lewd comments to her while she was incarcerated between 2003 and 2015, and that he once pressed his genitals against her in 2015. Fox was killed in an August car crash; her boyfriend, John Jenkins, awaits trial on criminal homicide charges after police say he tampered with her car, cutting her brake lines.

The other former inmate testified Johnson repeatedly forced her to perform oral sex on him when she was jailed in 2006 and 2010, and that he once smoked crack cocaine as she performed the act.

The Times-Tribune does not typically name victims of sexual abuse, but Fox’s involvement in the criminal case and civil lawsuits against the jail, coupled with her death, made naming her inevitable.

In a recently filed court motion, Elo seeks permission to have two more women testify against Johnson at his trial. Johnson is not charged with sexually assaulting either of them.

One of the women would testify that in 2013, Johnson twice grabbed her breasts and once pressed his genitals against her while she was bent over in a janitor’s closet. The other woman would testify that Johnson gave her cocaine and heroin while she was incarcerated at various times between 2008 and 2011.

State law allows prosecutors in certain circumstances to introduce evidence of other “bad acts” a defendant is accused of committing to show the person had a pattern of illicit behavior. A judge must decide if the alleged conduct is similar enough and also weigh whether the probative value outweighs potential prejudice to the defendant.

In this case, Elo says the women’s testimony shows Johnson engaged in similar conduct with other inmates. Their testimony is important because the credibility of the women regarding whom he faces charges has been questioned.

Regarding Fox’s testimony, state law allows prosecutors to present evidence of crimes against a deceased victim through prior testimony as long as the defendant’s attorney had a chance to cross-examine the victim. Elo said Johnson’s attorney had that opportunity at his preliminary hearing.

Lackawanna County Judge Julia Munley scheduled a hearing on the motions for 9 a.m. Nov. 21.

A part-time Throop and Old Forge police officer pushed his ex-girlfriend and punched a wall near her head while shouting at her Saturday night at a downtown Scranton bar and restaurant, city police said. Robert J. Grunza Jr., 26, of 536 Third Ave., Jessup
(read more)

An inmate whose ear was sheered off during an assault at the Lackawanna County prison filed a federal lawsuit against the county and several guards, alleging the guards failed to protect him.
(read more)

In the time it would take Dave Fortin to reach Jim Thorpe from Dickson City on a nice day, he managed Thursday to make it from the bottom of an Interstate 81 on-ramp to the top.
(read more)

We welcome user discussion on our site, under the following guidelines:

To comment you must first create a profile and sign-in with a verified DISQUS account or social network ID. Sign up here.

Comments in violation of the rules will be denied, and repeat violators will be banned. Please help police the community by flagging offensive comments for our moderators to review. By posting a comment, you agree to our full terms and conditions. Click here to read terms and conditions.